Judge rules Kelly Horwitz's election challenge to proceed at trial

Thursday

Oct 17, 2013 at 7:00 PMOct 17, 2013 at 7:14 PM

A lawsuit challenging the results of the District 4 Tuscaloosa City Board of Education race will go to trial on Oct. 31, according to a ruling issued Thursday by Tuscaloosa Circuit Court Judge James Roberts.

Staff report | The Tuscaloosa News

A legal challenge to the results of the District 4 Tuscaloosa City Board of Education election is going to trial after all.Tuscaloosa County Circuit Court Judge James Roberts ruled Thursday that incumbent Kelly Horwitz had met the legal requirements of Alabama law to move forward with her challenge.In the same order, Roberts dismissed a motion on behalf of board member-elect Cason Kirby to disallow the challenge.The trial is scheduled to begin at 9 a.m. on Oct. 31. “We are very pleased with the ruling and look forward to having the opportunity to expose the truth of what happened in this election,” Virginia Buck, one of the attorneys representing Horwitz, said in an email to The Tuscaloosa News.Attempts to reach Kirby’s attorney Thursday night were unsuccessful.Kirby, a political newcomer, beat Horwitz 416-329 in the Aug. 27 municipal election.However, Horwitz raised claims of massive voter fraud involving University of Alabama students immediately after the election.In court Tuesday, her lawyers presented a list of nearly 400 names of people who allegedly voted illegally. Most were UA students who either did not meet residency requirements or voted in return for a promise of free drinks or concert tickets, her attorneys said.Roberts ruled that the list met the notice requirements of Alabama law by providing the number of alleged illegal votes and the names of the voters.He rejected the claim of Kirby’s attorney that the case should be dismissed because Horwitz did not produce any affidavits or deposition testimony to support the claim that the votes were illegal.Kirby is due to take office on Nov. 4. Should the election results stand, Horwitz attended what would be her final board meeting this week.